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(영문) 인천지방법원 2018.02.21 2016고단9150
사기등
Text

The term "2 crimes" in the case of 2, 4, 5-A, and 5-B of the 2016 Highest 9150, the defendant's decision, shall be punished by imprisonment with prison labor for 4 months.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to a suspended sentence of two years on April 30, 2015 by the Incheon District Court for the violation of the Road Traffic Act (unlicensed Driving), and the said judgment became final and conclusive on April 30, 2015.

On October 27, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to a crime of aiding and abetting, etc. by the Incheon District Court on August 17, 2017, which became final and conclusive on August 17, 2017, and completed the execution of the sentence on March 21, 2017.

The Defendant, “2016 Highest 9150, 2016,” was a space between B and B from March 2012, 2016 to C, and was willing to borrow money from the damaged party by deception.

1. On January 20, 2014, the Defendant of the Bank of Korea’s revenue loan fraud related to the revenue stamp tax and interest loan may call to the victim at a non-place, and “The Bank of Korea shall lend the amount of stamp tax and interest to the Bank of Korea. The Defendant will have to repay the amount of the money bound by civil trials.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money, it was thought that he will use it to pay for living expenses and debts, while there was no property, there was no intention or ability to pay the money from others even if he borrowed money from others.

On January 20, 2014, the Defendant received KRW 1 million from the damaged person as a loan borrowed money from the Defendant’s account under the name of the Defendant, and received the total amount of KRW 40,60 million from around that time to March 10, 2016, including the statement in attached Table (1) from around the time to March 10, 2016.

2. On January 6, 2014, the Defendant was subject to seizure by the head of the Tong on the loan money related to the cost of cancelling the seized passbook.

If the seizure is unrepared, the money needs to be lent. The money bound by civil trials shall be repaid if it is unrepared.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money, it was thought that it will be used to pay for living expenses and debt, and it would be possible to pay the money to others even if it borrowed money from others as stated in paragraph 1.

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